Posted on September 16,2021 in Divorce

The term “high-conflict divorce” may initially seem redundant. After all, a couple would not be seeking a divorce if the marriage did not involve a significant amount of conflict. However, some divorce cases are much more contentious than others.

To end your marriage, you and your spouse will need to decide how to divide real estate, vehicles, bank account balances, and other assets. If you have children, you will need to develop a parenting plan that allocates parental responsibilities and parenting time. You may also need to address additional issues like spousal support. If you and your soon-to-be-ex disagree about the terms of your divorce and are unable to discuss these issues productively and rationally, you may be in store for a high-conflict divorce. Fortunately, there are things you can do to prepare.

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 Posted on September 09,2021 in Divorce

Did you know that older people make up a huge percentage of divorcing couples in Michigan? So-called “grey divorce” is on the rise in Michigan and across the U.S. 

If you are thinking about getting divorced and you are over age 50, it is important to realize that you may face unique obstacles during your divorce case. You may need to address complicated financial and legal issues including the division of assets and retirement funds as well as spousal support. A knowledgeable divorce lawyer with experience in gray divorce cases can help you understand the challenges you may face during your divorce and meet those challenges head-on.  

Divorce When You Are Close to Retirement

If you are in your 50s or 60s, the effect of your divorce on your retirement plans is probably a top concern. Understandably, you want to ensure that you will still have the retirement funds you need to live independently once you have stopped working. Retirement accounts are usually classified as marital property during a Michigan divorce. This means that both spouses have a claim to the funds contained in the retirement account regardless of which spouse’s name is on the account. You may need to use a qualified domestic relations order (QDRO) to divide retirement funds. The funds that accumulated before the spouses got married may be considered separate property to which only the named spouse has a claim.

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 Posted on August 30,2021 in Divorce

Earlier this year on our blog, we addressed the question of what happens to the marital home in a divorce. In that post, we noted that in most cases, one spouse either buys out the other’s share of the home, or the spouses agree to sell the home and divide the proceeds. However, you may be wondering whether these are the only options. Perhaps you find it hard to bear the thought of parting with your home at the moment, but you lack the financial resources to keep it on your own.

If you find yourself in a similar situation, it may be possible to come up with a more customized solution, especially if you and your spouse are willing to consider an alternative dispute resolution method like mediation or collaborative divorce. Here, we look at some of the more creative options for handling your home and living arrangements after a divorce.

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 Posted on August 19,2021 in Divorce

When parents are dealing with legal child custody matters, including during the divorce process or after establishing paternity, the situation can sometimes become contentious. In high-conflict cases, parents are often confronted with the prospect of litigation and the time, costs, and stress that it entails. However, there is an alternative to litigation for parents who are willing and able to work together. It is well worth considering the option of negotiating a child custody agreement for the many benefits that it can bring.

Advantages of a Child Custody Agreement

Michigan family courts allow parents to work together on a child custody agreement on their own, or with the assistance of alternative dispute resolution methods like mediation or collaborative divorce. Negotiating an agreement with your child’s other parent may be the right decision for a number of reasons. Some potential benefits to consider include:

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 Posted on August 12,2021 in Divorce

When it comes to property division in a divorce, Michigan is an “equitable distribution” state, meaning that spouses must divide all marital property fairly in accordance with the specific details of their situation. However, people are often surprised to learn just how many assets may qualify as marital property. Marital assets include not only properties that spouses own jointly, like the home they live in but also assets held in one spouse’s name that were acquired during the marriage. This means that much of your retirement savings could be subject to division if contributions were made to your accounts while you were married.

While dividing a retirement account is often a necessity during the divorce process, doing so is not simple. Without taking the proper steps to divide your account, you could find that the assets steeply decline in value due to income taxes and early withdrawal penalties. For this reason, it is important to understand whether you need to obtain a Qualified Domestic Relations Order, or QDRO, that allows you to divide your account while protecting the savings.

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 Posted on August 04,2021 in Divorce

Although the Michigan divorce process ends with a legally binding resolution, this may not end all conflict between the parties. Ongoing issues involving child custody, child support, and spousal maintenance can lead to new disputes in the years following a divorce, and it may be necessary to petition the court for modification or enforcement of the divorce order. However, if you can work out these post-divorce matters with your former spouse in mediation before you bring them before the court, you may save yourself time, energy, and stress.

Mediation for Post-Divorce Modifications

The child custody order is one of the most common elements of a divorce resolution that may need to be modified as time passes. You may feel that the order should be changed because of a change in your work schedule, a move or relocation, or a change in your children’s needs and preferences as they get older. However, you may find it difficult to reach an agreement with your children’s other parents regarding the details of the modification.

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 Posted on July 28,2021 in Family Law

The adoption process typically involves a great deal of complexities and obstacles before you can welcome your adopted child home. In the face of such adversities, it may seem like the easiest option is to give up. However, there are actions you can take to overcome these hurdles and successfully become an adoptive parent. An obstacle that prospective adopting parents should be aware of is the possibility of their adoption petition being denied. Unfortunately, even relatives to the child or stepparents who have helped to raise the child may be denied at this point. This rejection can be combated by appealing the decision in court.

Reasons a Petition May Be Denied

While it is unlikely for an adoption to be denied, it is still possible and needs to be considered when maneuvering through the adoption process. There are a wide range of reasons why your petition for adoption may be denied, including the following:

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 Posted on July 23,2021 in Family Law

In Michigan, when a couple is married, the spouses are both accepted as being the legal parents of their child. This holds true for both opposite-sex and same-sex couples. But what about when couples are not married? It can be quite difficult to figure out parental rights, such as child custody. If you are currently dealing with child custody issues, understanding your rights is key.

Unmarried Fathers in Michigan

Unmarried mothers are presumed to have primary custody of their children unless the biological father establishes paternity and attains a court order of custody rights. Unmarried fathers can establish paternity voluntarily with the agreement of the mother by signing an Affidavit of Parentage either at the hospital when the child is born or later on. If paternity is contested, a father can establish parentage through the court in a process that typically involves genetic testing to determine if there is a biological relationship.

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 Posted on July 16,2021 in Divorce

The divorce process varies dramatically from couple to couple. A young couple who does not own significant assets and does not have children will typically have a much easier divorce than a couple with considerable property, complex assets, or contentious child-related issues. If you or your spouse owns a business or professional practice, significant retirement assets, real estate, or investments, or if your financial situation is otherwise complicated, you may want to consider a collaborative divorce.

Advantages of Using Collaborative Law to Resolve Divorce Issues

A collaborative divorce is one in which the couple agrees to work collaboratively with attorneys and other professionals to resolve divorce matters without going to trial. In a divorce utilizing collaborative law, each spouse hires an attorney sufficiently experienced in collaborative law. The spouses and their lawyers sign a “collaborative agreement” promising to:

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 Posted on July 07,2021 in Divorce

If you are getting divorced, you may be unsure of what to expect. After all, the average person has little to no experience with legal matters, especially those as personal in nature as a divorce. To get a divorce in Michigan, you and your spouse will need to address issues like the division of marital assets, child custody, and spousal support. If you cannot reach an agreement about these issues, your divorce case becomes a “contested divorce.” Read on to learn about how discovery works in a contested divorce case in Michigan.

Discovery in a Michigan Divorce Case

The term “discovery” refers to the phase of the divorce process when each party (and his or her attorney) are gathering relevant evidence and facts. The parties exchange information about finances, child-related concerns, and other issues relevant to the divorce case. Informal discovery involves a voluntary exchange of information. In a highly contested divorce, various legal tools are used to gather information through a formal discovery process.

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